Defective charges in memorandum of charges in Disciplinary cases.

[V Hari Nath]

Sir , I have issued defective charges in my charge Memo like wrong bank a/c not concerned to me and wrong co-accused name in my charges.Is it legally valid. I can challenge or not.These happened during my initial 90 days of suspension.Now suspension lapsed.

[Dr. Ashok Dhamija]

You can definitely challenge the defective charges. But, whether or not your challenge will succeed, will depend on the detailed facts and the nature and extent of the defect. You may show the correct facts even in your written statement, in reply to those charges, and show how the charges are factually incorrect.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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